LAXMAN MINAJI CHAUGULE Vs. NARAYAN APPAYYA CHAUGULE

JUDGEMENT

(1.) This is an execution appeal in which the appellant is the decree-holder. On March 18, 1947, in a partition suit brought by the decree-holder, a compromise decree was made at the request of the parties. On April 26, 1947, that decree was signed.

(2.) The decree-holder who had to produce non-judicial stamped paper on which the partition decree should have been engrossed, produced that stamped paper only on July 22, 1954. Thereafter the engrossment of the decree on such non-judicial stamped paper was made on July 23, 1954. The decree-holder presented the application for the execution of that decree on September 6, 1954.

(3.) The judgment-debtor objected to the exe cution of the decree on the ground that it was barred by limitation since the application had not been presented within three years from the date of the decree which was made on March 18, 1947, and which was signed on April 26, 1947. The executing Court repelled that contention and direct ed execution to proceed. From that order the judment-debtor appealed. The District Judge, Bel- gaum who hoard that appeal allowed it, taking the view that the execution application was barred by; limitation. The decree-holder appeals. ]